Through this writ petition, the petitioners have challenged the legality of order dated 20.07.2019 passed by the learned Civil Judge, Pakpattan Sharif whereby application under Order I Rule 10, CPC filed by the petitioners was dismissed and also assailed the judgme nt dated 12.09.2019 passed by the learned Additional District Judge, Pakpattan Sharif who dismissed the Civil Revision of the petitioners.
2. Brief facts of the case are that Respondent No. 3/plaintif f Muhammad Altaf Huss ain filed suit for ejectment along with permanent injunction as consequential relief against proforma Respondents No. 4 to 6 contending therein that he is owner of plot measuring 05-Marlas 1-sarsahi comprising Khewat No. 1958/1985, Khatooni No. 2086, Khasra No. 965/2 situated at Machli Chowk to Raziq Dad Pakpattan Sharif and proforma Respondent Nos. 4 to 6 are in possession being his lessees. Respondent No. 3 stated that they violated the terms and conditions of mutual understanding and refused to vacate the suit property . Petitioners filed application under Order I Rule 10, CPC which was dismissed by the learned trial Court vide order dated 20.07.2019. The civil revision of the petitioners was also dismissed by the learned Revisional Court vide judgment dated 12.09.2019. Hence, this writ petition.
3. I have heard the learned counsels for the parties at full length and gone through the entire record with their able assistance.
4. Respondent No. 3 filed suit for ejectment along with permanent injunction against Khuda Bakhsh, Naeem Khan and Munna with regard to the suit land without impleading the present petitioner as defendants. The proforma Respondents No. 4 to 6 have categorically mentioned in the written statemen t that they are tenants of the petitioners. In the civil suit of Respondent No. 3 the learned trial Court appointed the revenue officer as local commission who in Paragraph No. 9 of his report has mentioned that proforma Respondents No. 4 to 6 are tenants of the petitioners Khursheed Alam Wattoo, Advocate and Ghulam Saddid-ud-Din Advocate and legal heirs of Muhammad Shafi. For ready reference, Paragraph No. 9 of report is reproduced as under: {{URDU TEXT}} Petitioners filed application under Order I Rule 10, CPC asserting that they are owners in possession of the property through Respondents No. 4 to 6 whereas the land of Respondent No. 3 is lying under a constructed road as such the petitioners are necessary and proper parties to the suit. It is settled law that in the absence of a necessary party no effective decree or order can be passed. Reliance is placed on the cases titled as Mst. Maqbool Begum etc. vs. Gullan & others (PLD 1982 SC 46), Province of the Punjab through Member Board of Revenue (Residual Properties), Lahore and others vs. Muhammad Hussain through LRs and others (PLD 1993 SC 147), Dr Saleem Javed and others vs. Mst. Fauzia Nasim and others (2003 SCMR 965), Government of Balochistan, CWPP&H Department and others vs. Nawabzada Mir Tariq Hussain Khan Magsi and others (2010 SCMR 115) and Muhammad Siddique (Deceased) through L.Rs. and others vs. Mst. Noor Bibi (Deceased) through L.Rs. and others (2020 SCMR 483). As such, order and judgment passed by the learned Courts below are illegal, against the record and liable to be set aside.
5. The aforementioned facts and consistent law on the subject has not been taken into consideration by the learned Courts below and illegally dismissed the application under Order I Rule 10, CPC of the petitioners, as such, the same are liable to be set-aside. Reliance is placed on the case titled as Nazim-ud-Din and others v. Sheikh Zia-ul- Qamar and others (2016 SCMR 24 ).
6. In view of above, this writ petition is allowed. Order dated 20.07.2019 pass ed by the learned Civil Judge, Pakpattan Sharif and judgment dated 12.09.2019 passed by the learned Additional District Judge, Pakpattan Sharif are hereby set aside and application under Order I Rule 10, CPC filed by the petitioners is accepted. However , Respondent No. 3/plaintif f is directed to file amended suit after impleading the petitioners as defendants before the learned trial Court who shall decide the suit strictly on merits and in accordance with law as early as possible preferably within six months.